Dickerson v. Travelers Indemnity Co.

District Court of Appeal of Florida

Dickerson v. Travelers Indemnity Co.

365 So. 2d 794, 1978 Fla. App. LEXIS 16878

CourtDistrict Court of Appeal of Florida

DecidedDecember 20, 1978

DocketNo. 78-893

StatusPublished

This text of 365 So. 2d 794 (Dickerson v. Travelers Indemnity Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dickerson v. Travelers Indemnity Co., 365 So. 2d 794, 1978 Fla. App. LEXIS 16878 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

Upon consideration of argument of counsel, the briefs and record submitted, we believe that the trial judge was technically correct in his ruling herein based upon Avila South Condominium Association, Inc. v. Kappa Corporation, 347 So.2d 599 (Fla. 1977), and consequently, we affirm his order. However, we believe justice in this matter would best be served by directing the trial court to permit those parties dropped as a result of his order to be reinstated as parties and permit appellants to amend their complaint in order to assert with more specificity their individual claims, if possible, see Breslerman v. Dorten, Inc., 362 So.2d 37 (Fla. 3d DCA 1978).

AFFIRMED with directions.

GRIMES, C. J., and SCHEB and RYDER, JJ., concur.

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PER CURIAM.

Upon consideration of argument of counsel, the briefs and record submitted, we believe that the trial judge was technically correct in his ruling herein based upon Avila South Condominium Association, Inc. v. Kappa Corporation, 347 So.2d 599 (Fla. 1977), and consequently, we affirm his order. However, we believe justice in this matter would best be served by directing the trial court to permit those parties dropped as a result of his order to be reinstated as parties and permit appellants to amend their complaint in order to assert with more specificity their individual claims, if possible, see Breslerman v. Dorten, Inc., 362 So.2d 37 (Fla. 3d DCA 1978).

AFFIRMED with directions.

GRIMES, C. J., and SCHEB and RYDER, JJ., concur.

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365 So. 2d 794, 1978 Fla. App. LEXIS 16878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickerson-v-travelers-indemnity-co-fladistctapp-1978.

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